MeitY Pavilion showcases India's digital innovation at India Mobile Congress 2026 (See 'Corp Brief') DRI seizes around 5.8 kg foreign-origin gold worth Rs. 9 crores (See 'Corp Brief') Keylong to house ICMR's first dedicated centre for high-altitude medicine (See 'Corp Brief') SARFAESI - Demand notice issued under Rule 7(1) of IBC Rules, 2019 does not, per se, commence insolvency proceedings against personal guarantors or trigger interim moratorium per Section 96 of IBC 2016: HC (See 'Legal Desk') Digital Health Resources crucial to Building India's Research Mindset: Health Secy (See 'Corp Brief') 53 Tele-MANAS Cells operational across all 36 States (See 'Corp Brief') CSR is not merely a statutory obligation but as strategic instrument for India's growth: Former Cab Secry (See 'Corp Brief') FEMA - Intimation to Customs does not, by itself, constitute proof of import of software, particularly where the software was claimed to have been received through a data communication channel: Tribunal (See 'Legal Desk') India's maritime future will be written by young people: Sonowal (See 'Corp Brief') IPR - If defendant adopts mark that is minor phonetic and visual manipulation of well-known registered trademark, coupled with identical colour scheme, get-up, and trade dress, strong prima facie case of trademark & copyright infringement is made out: HC (See 'Legal Desk') ICAR-IIAB organises Pre-Rabi Kisan Goshti for 1,500 Farmers (See 'Corp Brief') IBC - Per Section 9 of IBC, where operational debt meets statutory threshold & no pre-existing dispute exists, then application for initiation of CIRP is maintainable: NCLT (See 'Legal Desk') India targets 10% of Global 6G Patents and Standards: MoS (See 'Corp Brief') SEBI - Allegation of violations of SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations is serious & cannot be sustained on mere general allegations, individual perceptions, or violations of investment advisory regulations alone: SAT (See 'Legal Desk') India highlights Energy Security at 20th EAS Energy Ministers' Meeting (See 'Corp Brief') IPR - Visual deceptive similarity, phonetic identity, likelihood of public confusion, brand dilution, and misrepresentation of association are sufficient to justify interim injunctive relief: HC (See 'Legal Desk') Special Khadi and Village Industries Exhibition inaugurated at Delhi Haat (See 'Corp Brief') SARFAESI Act, 2002 - Writ remedy under Article 226 cannot be used to bypass or circumvent this designated statutory remedy & specialized forum, which is uniquely equipped to assess the intricacies of such proceedings: HC (See 'Legal Desk') An unsuccessful 'success fee' litigation (See CORP EINSICHT)

CCI imposes penalty on maritime transport companies

Published: Jan 24, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 24, 2022: THE  Competition Commission of India ('CCI') passed a final order against four maritime transport companies namely Nippon Yusen Kabushiki Kaisha ('NYK Line'), Kawasaki Kisen Kaisha Ltd. ('K-Line'), Mitsui O.S.K. Lines Ltd. ('MOL') and Nissan Motor Car Carrier Company ('NMCC') for indulging in cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. Amongst these four companies, NYK Line, MOL and NMCC were lesser penalty applicants before CCI.  

The evaluation of available evidence revealed that there was an agreement between NYK Line, K-Line, MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. To achieve the said objective, the maritime transport companies resorted to multi-lateral as well as bilateral contacts/ meetings/ e-mails with each other to share commercially sensitive information which, inter alia, included freight rates. They also aimed to preserve their position in the market and maintain or increase prices, including by resisting requests for price reduction from certain OEMs. 

Accordingly, based on a cumulative assessment of the evidence, the Commission held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Competition Act, 2002 (the Act), which prohibits anti-competitive agreements including cartels, from 2009 to 2012. Further, 14 individuals of NYK Line, 10 individuals of K-Line, 6 individuals of MOL and 3 individuals of NMCC, were also held liable for the anti-competitive conduct of their respective companies, in terms of the provisions of Section 48 of the Act. 

As three companies filed lesser penalty applications, the Commission gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals. Accordingly, the Commission directed K-Line, MOL and NMCC to pay penalties to the tune of approx. INR 24.23 crores, INR 10.12 crores and INR 28.69 crores respectively, besides passing a cease-and-desist order.

TIOL CORP SEARCH

TIOL GROUP WEBSITES